EVI 



EVI 



cultivated, anp-ially yields plenty of ex- 

 cellent provender,' and may be cultivated 

 to advantage as j-reen food for cattle, on 

 almost any strong 1 soil. 



EVES droppers, or EAVES droppers, per- 

 sons \vho listen under walls or windows, 

 or the eaves of a house, by night or day, 

 to hear news, and carry them to others, 

 to cause strife among neighbours; and 

 who may be presented at the leet, or 

 bound to their good behaviour, and pu- 

 nished by stat. Westminster, 1. c. 33. 



EUGENIA, in botany, so named in ho- 

 nour of Prince Eugene of Savoy, a genus 

 of the Icosandria Monogynia class and or- 

 der. Natural order of Hesperidese. Myrti, 

 Jussieti. Essential character : calyx four- 

 parted, superior; petals four; drupe one- 

 seeded, four-cornered. There are eleven 

 species. These are trees or shrubs, all 

 natives of the East or West Indies. The 

 flowers are borne on peduncles, proceed- 

 ing either from the axils or ends of the 

 branches, singly, or many together, in a 

 trichotomous structure. 



EVIDENCE, in law, proof, by testimo- 

 ny of witnesses on oath, or by writings, or 

 records adduced before a court, or magis- 

 trate of competent jurisdiction. It is two- 

 fold, either written or verbal; the former 

 by records, deeds, bonds, or other writ- 

 ten documents, the latter by witnesses ex- 

 amined -viva voce, and called, technically, 

 parole evidence. It is also either absolute 

 or presumptive ; and may be that which 

 is given in proof bv the parties, or which 

 the jury know of themselves, for every 

 thing which makes a factorthing evident 

 to them, is called evidence. 



The system of evidence adopted in Bri- 

 tish courts is very comprehensive and re- 

 fined. The first rule is, that the affirma- 

 tive of the issue, or matter brought in 

 question by the proceedings, shall be 

 proved ; for a negative, generally speak- 

 ing, cannot be proved, at least without 

 such circuity as renders it almost impos- 

 sible. Where a man is charged with not 

 doing an act which by law he is required 

 to do ; however, this requires some ex- 

 ception; but, even then, some evidence is 

 given to prove it. No evidence not relat- 

 ing to the issue, or in some manner con- 

 nected with it, can be received : nor can 

 the character of either party, unless put 

 in issue by the very proceeding itself, be 

 called in question. The most general 

 and fundamental principle is, that the 

 best evidence the nature of the cause 

 will admit shall be produced ; for if better 

 evidence might have been adduced, its 

 being withheld furnishes a suspicion ad- 



verse to the party in whose power it was 

 to produce it. So that of a written con- 

 tract in the custody of the party, no pa- 

 role evidence can be received as to its 

 contents. But if a deed be burnt, or de- 

 stroyed by accident,upon positive proof of 

 that fact, other evidence may be given of 

 its contents, and it need not be produced. 



Witnesses are summoned by writ of 

 subpoena to attend, on penalty of 1001. to 

 the King, and 101. to the party, by statute 

 5 Eliz. c. 9. besides damages sustained by 

 their non-attendance. All witnesses, of 

 all religions, who believe in a future state 

 of rewards and punishments,are received, 

 but not persons infamous in Jaw by their 

 crimes, nor persons directly interested in 

 the matter in issue ; and no counsel or at- 

 torney shall be compelled to disclose the 

 secrets intrusted to him by his client, but 

 he may give evidence of facts which he 

 knew, by other means than for the pur- 

 pose of the cause. One witness is suffi- 

 cient to any fact, except in high treason, 

 when by statutes 1 Edw. VI. c. 12, and 

 5 and 6 Edw VI. c. 11, two are required, 

 but that is only in treasons of conspiracy 

 against the state, and not treasons relat- 

 ing to the coin, &c. The oath of the 

 witness is, to speak the truth, the whole 

 truth, and nothing but the truth ; and all 

 evidence is to be given in open court. 



The general rules of evidence are, 1, 

 The best evidence must be given that the 

 nature of the thing is capable of. 2. No 

 person interested in the question can be a 

 witness : but to this there are exceptions; 

 as first, in criminal prosecutions ; second- 

 ly, for general usage, for convenience of 

 trade, as a servant to prove the delivery 

 of goods, though it tends to clear himself 

 of neglect. 3. Where the witness acquires 

 the interest by his own act, after the par- 

 ty who calls him has a right to his evi- 

 dence. The third rule is, that hearsay of 

 a matter of fact is no evidence ; but of 

 matter of reputation, such as a custom, it 

 is in some sort evidence. 4. Where a ge- 

 neral character is'the matter in issue, 

 particular facts may be received in evi- 

 dence, but not where it occurs incident- 

 ally. 5. In every issue the affirmative is 

 to be proved. 6. No evidence need be 

 given of what is agreed, or not denied, 

 upon the pleadings. 



In criminal eases the same rules pre- 

 vail, but evidence of the confessions of 

 the party should be received with caution, 

 and are rejected, when obtained through 

 promises orthreats. Presumptiveevidence 

 should be admitted with caution, and two 

 excellent rules are given by Sir Matthew 



